WT/DS207/RW 
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  ANNEX H 
 
WORKING PROCEDURES FOR THE PANEL 
 
 
1. In its proceedings the Panel shall follow the relevant provisions of the Dispute Settlement 
Understanding (DSU).  In addition, the following working procedures shall apply. 
2. The Panel will provide the Parties1 and Third Parties2 with a timetable for its proceedings. The 
timetable may be modified by the Panel as a ppropriate, after having consulted the Parties. 
3. The Panel shall meet in closed session.  The Par ties, and interested Third Parties, shall be 
present at the meetings only when invited by the Panel to appear before it. 
4. The deliberations of the Panel and the documents  submitted to it shall be kept confidential.  
Nothing in the DSU, nor in these Working Pro cedures, precludes a Party or a Third Party from 
disclosing statements of its own positions to the public.  Members shall treat as confidential 
information submitted by another Member to the Panel which that Member has designated as 
confidential.  As provided in Article 18.2 of the DS U, where a Party submits a confidential version of 
its written submissions to the Panel, it shall al so, upon request of the other Party, provide a non-
confidential summary of the information contained in  its submissions that could be disclosed to the 
public. Non-confidential summaries  shall be normally submitted no later than one week after the 
written submission is pr esented to the Panel. 
5. Before the substantive meeting of the Panel with the Parties, and in accordance with the 
timetable approved by the Panel, the Parties shall transmit to the Panel written submissions and 
subsequently written rebuttals in which they presen t the facts of the case, their arguments and their 
counter-arguments, respectively.  Third Parties may transmit to the Panel written submissions after the 
first written submissions of the Parties have been presented, and in accordance with the timetable approved by the Panel. 
6. All Third Parties shall be invited in writing to  present their views dur ing a session of the 
substantive meeting of the Panel set aside for that purpose.  Third Parties may be present during the entirety of this session. 
7. At its substantive meeting with the Parties, the Panel shall ask Argentina to present its case 
first.  Subsequently, and still at the same meeting, Ch ile will be asked to present its point of view.  At 
a separate session of the same mee ting set aside for that purpose, Third Parties will be asked to 
present their views thereafter.  Parties will then be  allowed an opportunity for final statements, with 
Argentina presenting its statement first. 
8. The Panel may at any time put questions to the Parties and to the Third Parties and ask them 
for explanations either in the course of the substan tive meeting or afterwards in writing.  Replies to 
questions shall be submitted in writing by the dates specified by the Panel after consultation with the 
Parties. 
9. Each Party shall make available to the Panel and to the other Party a written version of its oral 
statements, preferably at the end of the meeting wi th the Panel, and in any event not later than the 
                                                     
 
1 Throughout this document, the term "Party" refers to either Argentina or Ch ile, as appropriate.  The 
term "Parties" refers to both Argentina and Chile. 
2 Throughout the document, the term "Third Partie s" refers to Australia, Brazil, Canada, China, 
Colombia, the European Communities, Peru, Thailand and the United States. WT/DS207/RW 
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  working day following the presentation.  Any Third Party that wishes to present its views shall 
similarly make available to the Panel and to the Parties and other Third Parties a written version of 
their oral statements, preferably at the end of the meeting with the Panel, a nd in any event not later 
than the working day following the presentation.  Par ties and Third Parties shall provide the Panel and 
other participants at the respective session with a prov isional written version of their oral statements at 
the time that the statements are made. 
10. In the interest of full transparency, the oral pres entations shall be made in the presence of the 
Parties.  Moreover, each Party's written submissions, including replies to questions put by the Panel, 
shall be made available to the other Party.  Thir d Parties shall receive copies of the Parties' first 
written submissions and rebuttals.  Parties shall su bmit all factual evidence to  the Panel as early as 
possible and no later than during the substantive me eting, except with resp ect to evidence necessary 
for purposes of answering to questions.  Exceptions will be granted upon a showing of good cause.  In 
such cases, the other Party shall be accorded a period of time for comment, as appropriate. 
11. The Panel will incorporate the submissions from the Parties and Third Parties, including the 
first written submissions, rebuttals and written versions of oral stat ements as an appendix to the 
report.  Parties and Third Parties will be free, if they so wish, to provide the Panel with a shorter 
version of their submissions for this purpose. 
12. To facilitate the maintenance of the record of  the dispute, and to maximize the clarity of 
submissions, in particular the refe rences to exhibits submitted by Pa rties, Parties shall sequentially 
number their exhibits throughout the course of the dispute.  For example, exhibits submitted by 
Argentina should be numbered ARG-1, ARG-2, etc.  If the last exhibit in connection with the first 
submission was numbered ARG-5, the first exhibit of the next submission thus should be numbered 
ARG-6.  Exhibits submitted by Chile s hould be numbered CHL-1, CHL-2, etc. 
13. The Parties and Third Parties to this proceedi ng have the right to determine the composition 
of their own delegations.  Delega tions may include, as representativ es of the government concerned, 
private counsel and advisers.  The Parties and Thir d Parties shall have responsibility for all members 
of their delegations and shall ensure that all members of their delegations, as well as any other 
advisors consulted by a Party or Third Party, act  in accordance with the rules of the DSU and the 
working procedures of this Panel, particularly in re gard to confidentiality of the proceedings.  Parties 
shall provide a list of the participants of their de legation before or at the beginning of any meeting 
with the Panel. 
14. Any request for a preliminary ruling (including rulings on jurisdictional issues) to be made by 
the Panel shall be submitted no later than in a Part y's first written submission.  If Argentina requests 
any such ruling, Chile shall submit its response to such a request in its first written submission.  If 
Chile requests any such ruling, Ar gentina shall submit its response to  such a request in its rebuttal 
submission.  Exceptions to this procedure will be granted upon a showing of good cause. 
15. The following procedures regarding service of documents shall apply: 
(a) Each Party shall serve its submissions directly on the other Party.  Each Party shall, in 
addition, serve its first written submission an d rebuttals on Third Parties.  Each Third 
Party shall serve its submissions on the Parties and other Third Parties.  Each Party and Third Party shall confirm in writing, at the time it provides the submission to the 
Secretariat, that copies have been served as required. 
(b)
 The Parties and Third Parties shall provid e their written submissions to the Panel, 
through the Secretariat, by 5. 00 p.m., local Geneva time, on the deadlines established 
by the Panel.  WT/DS207/RW 
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  (c) Parties and Third Parties shall provide the Secretariat with written copies of their oral 
statements on the working day follo wing the date of the presentation. 
(d) The Parties and Third Parties shall provide th e Secretariat with ten (10) paper copies 
of all their submissions as well as an "electronic" copy on a CD-ROM, diskette or as an e-mail attachment, in a format compatible  with the Secretariat's software.  Paper 
copies shall be delivered to the Disput e Settlement Registrar, ****** (Room ****).  
Electronic copies should be sent by e-mail to ***** at *****@wto.org
, ***** at 
*****@wto.org  and ***** at *****@wto.org . 
(e) The Panel will provide Parties with an elect ronic version of the descriptive part, the 
interim report and the final report, as well as of other documents as appropriate.  
When the Panel transmits to the Parties or Third Parties both paper and electronic 
versions of a document, the paper version sh all constitute the official version for the 
purposes of the record of the dispute. 
16. These working procedures may be modified by the Panel as appropriate, after having 
consulted the Parties.